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If a chemical company pollutes a site, the superfund law has been a way to make it pay for the remediation—so if Vermont’s flooding cost its taxpayers $2.5 billion to repair, why should they be on the hook?
One prong of the climate fight involves installing so much renewable energy that fossil fuel use actually declines dramatically—a few places are finally showing that’s possible, like sunny Germany which last week said emissions in 2023 dropped more than 10%.
But if that’s going to happen everywhere, and fast enough, it’s going to require the other prong: holding back the fossil fuel industry. The problem is that the politics of oil-producing countries don’t allow it—that’s why the Inflation Reduction Act was all carrots and no sticks. And it’s not just D.C.—in President Luiz Inácio Lula da Silva’s progressive Brazil the national oil company, already Exxon-sized, said last week it plans on outproducing all its peers except Saudi Arabia and Iran by 2035.
So you need a mechanism for places where there is no oil in the ground to inflict some hurt on Big Oil—and get some justice at the same time. Like, Vermont. And New York, and Maryland, and Massachusetts.
“Climate superfund” laws that treat disasters like Vermont’s summer flooding as if they were a toxic dump whose cleanup can be charged to the corporation that caused them.
In a just world, Big Oil would be criminally prosecuted, since investigative reporting has made it abundantly clear that it knew what it was doing (Aaron Regunberg and David Arkush last week laid out an excellent argument as to why these companies could be charged with homicide). In civil court, jurisdictions can simply sue the fossil fuel industry, and that’s actually been happening more and more often (on Wednesday a Belgian farmer sued French energy giant Total for making his life harder). Suits like that—many premised on the fact that Big Oil clearly knew about the dangers they were causing—are wending their way through the American courts, but our justice system is a) slow and b) bent in the direction of the powerful.
So legislators are opening up another front—“climate superfund” laws that treat disasters like Vermont’s summer flooding as if they were a toxic dump whose cleanup can be charged to the corporation that caused them. That would have been hard even a few years ago, but “climate attribution” science is now robust: It’s increasingly easy to prove that absent global warming we wouldn’t have the endless downpours, droughts, or fires. If a chemical company pollutes a site, the superfund law has been a way to make it pay for the remediation—so if Vermont’s flooding cost its taxpayers $2.5 billion to repair, why should they be on the hook?
I’m talking about Vermont because it might be the first state to adopt such a law, as it was the first to abolish slavery or allow civil unions—the legislature and the governor will decide in the next few weeks. And I’m talking about it because I live here, in a town that is struggling to pay for the repairs to its roads after last summer’s record flooding. We heard the sobering litany at town meeting earlier this month; every culvert makes it that much harder to keep our school open. New York is also close to passing such a law, and perhaps Maryland and Massachusetts, as Katie Meyers pointed out in Grist recently—all of them states without significant hydrocarbon production, and all of them states with a lot of climate damage.
Campaigners led by the Vermont Public Research Interest Group (VPRIG) launched the campaign last summer, accompanied by a 20-foot-long inflatable pig. VPIRG’s executive director Paul Burns, and Lauren Hierl, a member of the selectboard in flood-devastated Montpelier, explained the logic in an oped:
The biggest oil companies in the world made more than $200 billion in profits last year, while Vermonters were forced to pay record prices at the pump—and got stuck with the costs of climate change cleanup in our communities. That shouldn’t be the case. Big Oil knowingly made a mess of the climate. They should help pay to clean it up.
It’s a lesson we all learned in kindergarten: If you make a mess, you clean it up.
The argument has obviously appealed to legislators. Here’s the state’s news website, VTDigger, describing one of the more conservative Democrats:
Sen. Dick Sears, D-Bennington, who chairs the Senate Judiciary Committee, said he would have “absolutely opposed” such a bill 20 years ago. Chemical contamination in the Bennington area, which has permanently altered the lives of some of his constituents, changed his mind.
“Who’s going to pay for the damage done?” Sears said. “Is it going to be the taxpayer? Is it going to be the homeowner or the small business? Or is it going to be the company that contributed to the problem? I say it should be the company that contributed to the problem.”
It will be fascinating to see what the state’s governor, Phil Scott, does with the bill. He is a Republican, but a remnant one, harkening back to the state’s Yankee past. (For a hundred years until the 1960s Vermont was the most reliably GOP state in America). He brought the state through Covid-19 with fewer deaths per capita, and less division, than any other; and since he’s a contractor by profession he understands viscerally how much it costs to repair a road or rebuild a bridge. If he signed this bill, he’d be reflecting the clear consensus of the state’s voters. And the great marker of those Yankee Republicans was frugality—cheapness, but the good kind. It’s hard to imagine that he wants Vermont taxpayers on the hook here.
The oil industry (in between insisting that all of this is a plot by the Rockefellers) has hinted that paying these damages could raise prices for consumers, but that’s silly—the price of oil is set on a world market. And they’ve of course promised to go to court if they are charged for their damage. Vermont’s got good lawyers—it’s got one of the best environmental law schools in the nation. And New York State has lawyers upon lawyers, as Donald Trump is finding out. Massachusetts governor Maura Healy used to be AG, and she’s taken on big oil in the past. It’s a fight, but a winnable one.
Yes, it would be best to do this at the federal level (and Vermont’s Senators Bernie Sanders and Peter Welch have introduced legislation to do just that). But the Senate filibuster means that oil states will have enough clout to block those laws, at least while they could still do some good. So for a while it’s going to be a coalition of the oil-less (you can ask your state to get involved here).
It’s been a great blessing to Vermont that there’s nothing much of value beneath the soil (well, granite, but a few quarries are enough to produce an eternity of tombstones). And now that geological fact may prove to be of great value to the planet.
In a country inundated with ads falsely praising the benefits of MA plans, it is amazing that grassroots organizations have cut through the gibberish, exposed the lies, and are fighting to keep their traditional Medicare with promised supplementary coverage.
An Egg-Whip sounds like a festive, holiday drink or a merengue dessert. It is anything but a delightful treat.
Egg-Whip is the healthcare industry’s name for Employer Group Waiver Plans (EGWP), a provision for privatization of employer-based, retiree Medicare benefits that was written into the Medicare Modernization Act (MMA) of 2003. That law, which House Energy and Commerce Chair Billy Tauzin twisted arms to pass, added a drug plan to Medicare, not by including drugs as covered Medicare benefits, but by compelling seniors to purchase private drug plans. Big Pharma gained a massive influx of government money into its coffers and rewarded Tauzin with a $2-million-a-year job.
That’s what we could see on the surface. Who knew then that hidden in the MMA law was further privatization of Medicare beyond this privatized, publicly-subsidized drug plan known as Medicare Part D.
The Egg-Whip allows employers that have committed to provide health benefits for retirees to force those seniors, without their consent, into private, for-profit Medicare Advantage plans that impose conditions on the promised benefits.
This other provision in the MMA, the Egg-Whip, allows employers that have committed to provide health benefits for retirees to force those seniors, without their consent, into private, for-profit Medicare Advantage (MA) plans that impose conditions on the promised benefits.
These private employer-based Egg-Whip MA plans are exempt from requirements that individual Medicare Advantage plans must meet. The MA Egg-Whip plans “can set their own enrollment deadlines, send members information without prior CMS approval for accuracy, and follow weaker requirements for provider networks, among other things,” according to Susan Jaffe of Kaiser Health News.
Chris Maikels of Mercer Marketplace, a retiree benefits company, claims that his clients have saved up to 50% by moving retirees into MA private plans. “Employers find Medicare Advantage [plans] appealing because they can drive significant savings,” he asserts.
For the retirees who are forced into Egg-Whips, the results are not so appealing. A private for-profit middleman is placed between the beneficiaries and their physicians. Medicare funds are funneled through these plans. The more the plans limit, delay, and deny care, the greater the profits. The beneficiaries’ interest in care is diametrically opposed to the pecuniary interests of the insurance companies, such as Humana, United Health Care, or Aetna, through which their Medicare benefits are now funneled. Physicians’ decisions can be overruled by the money men who demand prior authorization. The best cancer centers and rehab facilities are off-limits. The network of approved providers may be limited to a geographic region. Doctors come and go from the network. The co-payments will escalate with the gravity of the illness.
Employers who seek the savings of private MA plans hide these detrimental characteristics of Egg-Whips by touting additional benefits like gym memberships, coverage for dental and eyeglasses, no co-pays on some procedures, and more. Those extra benefits are icing on the cake—but there’s no cake underneath.
In a country inundated with Medicare Advantage ads falsely praising the benefits of such plans, it is amazing that grassroots organizations of retirees have cut through the gibberish, exposed the lies, and are fighting to keep their traditional Medicare with promised supplementary coverage.
And they’re winning, too!
Retiree organizations in Vermont, New York, and Delaware have put thousands into motion as they rip down the curtains that have hidden Medicare Advantage from the nation’s understanding and righteous anger.
The Vermont State Employees Association (VSEA) effectively stopped Governor Phil Scott from moving state retirees to a private Medicare Advantage plan. State officials asserted that such a change would maintain the same level of coverage for retirees and save them an average of 20% on their premiums while saving money for the state of Vermont.
The Vermont State Employees Association knew better. Steve Howard, Executive Director of the VSEA, asserted that this was an end run around their rights, under the collective bargaining agreement, to have the same health benefits as the active state employees. “We’re gonna fight with everything we have,” Howard said. “If we have to go to court, we’ll go to court.” We refuse to agree to “privatize this benefit out to an industry that is renowned for denying healthcare services to people when they need it the most,” said Howard.
The VSEA learned about the threat to their retiree health benefits in September of 2022. They organized a massive resistance. By May of 2023 they had defeated Medicare Advantage. Howard tells the story at minute marker 30:40 on this radio program, To Heal D.C.
The New York City Organization of Public Service Retirees has been fighting for two years to keep from getting egg-whipped. They too are winning. It’s a David and Goliath story, and David and his slingshot, amazingly, are hanging in there, creating a spirited, fighting camaraderie as they do it.
Former New York City Mayor Bill de Blasio initiated the move to place the New York City retirees into a Medicare Advantage Egg-Whip. That effort was continued by current Mayor Eric Adams, who claims that the city would save $600 million a year and that the retirees would be better off than they are now with their current plan based on traditional Medicare.
Mayor Adams, sadly, in conjunction with some of the unions, signed a deal with Aetna to move the city retirees into an Egg-Whip MA Aetna plan, despite the fact that Aetna’s MA plans, in just one year, imposed prior authorization restrictions on nearly 3 million people and denied the claims of 400,000.
On August 11, 2023, Judge Lyle Frank granted the request of the retirees and ruled that the city could not place the 250,000 retirees into Medicare Advantage against their will.
“This is now the third time in the last two years that courts have had to step in and stop the city from violating retirees’ healthcare rights,” said Marianne Pizzitola, president of the New York City Organization of Public Service Retirees. “We once again call on the city and the Municipal Labor Committee to end their ruthless and unlawful campaign to deprive retired municipal workers of the healthcare benefits they earned.”
Retirees have waged battle through countless demonstrations and actions that have brought the grassroots into motion like never before. NYC retirees are currently urging the City Council to pass legislation that clearly makes permanent their right to their current health benefit plan. They have persuaded 17 council members to sign on to the legislation and are working to get that number to 34 to give them a veto-proof majority. Uphill battles don’t faze them. They continue with a feisty energy as Mayor Adams announces that he will once again appeal the judge’s decision.
A similar battle is unfolding in the state of Delaware. Since August of 2022, Retirees Investing in Social Equity (RISE Delaware) has been organizing to block a proposal to place them in a Medicare Advantage Egg-Whip plan run by Highmark. RISE Delaware, initiated by former State of Delaware Representative John Kowalko and New Castle County Councilwoman Lisa Diller, has generated thousands of emails and letters to officials and brought litigation that has succeeded, so far, in stopping the state from implementing the change to an Egg-Whip MA plan.
In an open letter from RISE Delaware, the organization responds to the barrage of false information. “The fact that we would not accept the move into Medicare Advantage and took the State of Delaware to court to stop it is an indication of how serious we are about keeping the benefits promised to us.”
They go on to state their solidarity with future retirees:
But we also want a commitment to current employees that healthcare benefits will be there for them too. We know that employees are often unaware of how much they will need their healthcare benefits as they age. We know that high deductible healthcare plans sound great when you don’t need them. But it is when you can’t outrun the health problems that you need those healthcare benefits. So, we are watching as you “survey” state employees about the “modernization” of their healthcare benefits. We know that benefits choice is often code for benefits reduction even if employees are not yet aware of that fact.
RISE Delaware retirees are contacting the members of a state benefits committee that advises the legislature asking committee members to vote “to put a stake through the heart of Medicare Advantage so it can never come back to haunt us. If they don’t, MA will be like a dormant venomous snake in winter—it will come back to strike in spring.”
Retiree organizations in Vermont, New York, and Delaware have put thousands into motion as they rip down the curtains that have hidden Medicare Advantage from the nation’s understanding and righteous anger. They are fighting back, clearing the fog, educating their colleagues and the public to the dangers of Egg-Whips and Medicare Advantage, winning battle after battle to the consternation of the Medicare Advantage companies whose cash cow is suddenly exposed and threatened.
"Flooding in parts of Vermont have surpassed what was experienced during Tropical Storm Irene," the governor said.
President Joe Biden declared an emergency for all 14 counties in Vermont early Tuesday as the state received two months worth of rain in two days.
The heavy rain and flooding in Vermont is the latest in an international series of flooding catastrophes from India and Japan to neighboring New York as warmer temperatures driven by the burning of fossil fuels allow the air to hold more moisture and dump more rain.
"Make no mistake. The devastation and flooding we're experiencing across Vermont is historic and catastrophic," Gov. Phil Scott said during a Tuesday morning press conference, which he had to hike out to because the roads around his home were undrivable.
"I know thousands of Vermonters have lost homes, businesses, and more," he added during the briefing. "The devastation is far-reaching."
The flooding in Vermont came as part of a storm system that inundated Connecticut and New York—where one woman was killed—on Sunday before reaching New England, the Associated Press reported. However, the unnamed system has already had a historic impact.
"Flooding in parts of Vermont have surpassed what was experienced during Tropical Storm Irene, and rivers are expected to continue rising through the night," Scott tweeted Monday. "Stay away from waterways."
"I think everyone's in shock."
During Tropical Storm Irene in 2011, the Winooski River rose to 19 feet, at least three people died, and most of the roads in the state were damaged, The Washington Postpointed out. During the most recent storm, the Winooski at the state capital of Montpelier rose to a height of 21.35 feet Tuesday morning, according to the NWS. The only time it's ever been higher was during the Great Vermont Flood of 1927, when flooding swelled it to 27 feet and killed 84 people, the Post reported.
The Montpellier Airport set a daily rainfall record of 5.28 inches, surpassing the previous record set during Irene, as The New York Times reported.
Montpelier itself was especially hard hit, with images circulating online of its downtown underwater.
"I think everyone's in shock," Montpelier resident and Main Street gallery owner Susan Calza said, as the Times reported.
Montpilier originally closed its downtown until 12 pm ET Tuesday for safety reasons, and then extended that until 3 pm.
"Flooding is major, we can't really tell about damage yet, and there are no known casualties," city manager William Fraser told the Post in an email.
In a Facebook statement early Tuesday, Fraser warned that the Wrightsville Dam near Montpelier, Middlesex, and East Montpelier was six feet away from reaching capacity.
"This has never happened since the dam was built so there is no precedent for potential damage."
"If water exceeds capacity, the first spillway will release water into the North Branch River," Fraser said. "This has never happened since the dam was built so there is no precedent for potential damage. There would be a large amount of water coming into Montpelier which would drastically add to the existing flood damage."
The town of Ludlow in southern Vermont was also especially impacted, with flood waters cutting it off from major roads.
"The total scope of what kind of damage that has occurred in Ludlow—the onion isn't even peeled back at all right now," Ludlow Town Manager Brendan McNamara toldVermont Public Monday. "I mean, I'm up and down Main Street because that's what we can access, and it is not good."
The National Weather Service (NWS) in Burlington said late Monday that some places had seen more than nine inches of rain, which is more than is usually seen in two months, according to The Washington Post. The storm has closed at least 78 roads and prompted more than 100 swift water rescues, officials said during Tuesday's press conference. No injuries or deaths have been reported, but Department of Public Safety Commissioner Jennifer Morrison cautioned that rescues were still in progress.
"I want to reiterate that we are still in the earliest stages of this disaster," she said.
State officials are also concerned by additional rain forecast for Thursday and Friday.
"Even though the sun may shine later today and tomorrow, we expect more rain later this week which will have nowhere to go in the oversaturated ground," Scott said. "So I want to be clear—we are not out of the woods."
The Northeastern U.S. is not alone in experiencing deadly flooding this year: Serious deluges have taken place in India, China, Japan, and Turkey in 2023, The Guardian reported.
"As the climate gets warmer we expect intense rain events to become more common, it's a very robust prediction of climate models," University of Miami professor of atmospheric sciences Brian Soden told The Guardian, adding, "It's not surprising to see these events happening, it's what models have been predicting since day one."
Every 1°C increase in temperature enables the same volume of air to carry 7% more water vapor, according to a June report from the First Street Foundation. This means that one-in-100-year rainfall events are occurring as often as every five or 10 years in some parts of the U.S.
The Northeast is expected to be particularly impacted by increased precipitation, risk associate director at the Woodwell Climate Research Center Zachary Zobel toldThe Boston Globe.
"We're heading into a new normal," Zobel said. "The climate you've experienced previously is not the climate you're going to be living in for the next 30 years."